Terms and Policies

What is the 14 days refund policy?

With BLISSART, you don’t have to decide right away if the Artwork you bought deserves the spot on your wall.

Once you’ve received your Artwork, you have 14 days to decide whether or not you would like to keep it. If you wish to return the piece, we will refund your purchase while you are charged with the shipping cost back to the Artist.

The following is required for returns to be accepted:

A return needs to be requested within the 14-day period following delivery.

The Artwork is to be shipped back in its original packaging.

Any certificates of authentication and any other materials provided in the package must be returned.

Buyers did not waive their rights to refund by clicking the “Forego your 14 days Refund Policy” box when posting a review.

As a return is accepted, Buyers receive a pre-paid airway bill from DHL, FedEx or USPS and will have 5 days to either drop off the package at their nearest branch or have it picked up.

Upon receipt and confirmation by the Artist that the Artwork is received undamaged in its original packaging together with any certificates of authentication and any other materials provided in the package, we’ll refund the sum paid less the shipping cost back to the Artist within 7 days.

How do I request for a return?

For artworks that are faulty, not as described or where the packaging and its contained Artwork are damaged when delivered by the courier, please consult the below articles to request a return.

Returns: the Artwork is faulty or not as described.

Returns: the packaging and its contained Artwork are damaged.

Last update on 1st of June 2016

Buyer Terms of Use

INTRODUCTION

1.
These Terms of Use set out your rights and responsibilities should you wish to place an order for a product via the Services (the “
Artwork
”).

2.
By placing an order, you agree to these Buyers’ Terms of Use.

3.
You agree that BLISSART’s role is to: receive payment from you for Artwork; and facilitate delivery of the relevant Artwork to you by the selling artist (the “
Artist
”), in accordance with these Buyers’ Terms of Use. All other matters relating to the purchase of your Artwork is between you and the Artist.

4.
You agree that BLISSART’s role is to: receive payment from you for Artwork; and facilitate delivery of the relevant Artwork to you by the selling artist (the “
Artist
”), in accordance with these Buyers’ Terms of Use. All other matters relating to the purchase of your Artwork is between you and the Artist.

DELIVERY

5.
Any order placed for Artwork will be fulfilled in accordance with the delivery date stated in your order. If the artist is unable to fulfill delivery of your Artwork, BLISSART will notify you and arrange for a refund of any applicable sums.

6.
Delivery will be completed once the Artwork is delivered to the address you have provided.

7.
All risk in the Artwork will pass to you on completion of delivery.

8.
You will own the Artwork when all payments for the Artwork, including delivery charges and customs duties where applicable, have been paid in full.

REFUNDS AND RETURNS

9.
BLISSART offers a 14-day refund on any Artwork from the date of delivery (“Return Period”), provided that (i) the Artwork is returned undamaged to the Artist in the original packaging together with any certificates of authentication and any other materials provided at the time of delivery, and (ii) you adhere to the refund applicable process provided for in the services dashboard and provide to us such information supporting your request for refund as we may reasonably require.

10.
The Return Period shall terminate upon the earlier of (a) expiry of the 14-day period immediately following delivery, (b) your posting of a positive message of feedback in relation to the applicable Artwork on any page of the Services, while indicating, whether by means of tick-box or otherwise, that you have approved the applicable delivery of Artwork and/or that you waive your rights to refund.

11.
You are responsible for the integrity of any packages sent pursuant to a cancelled order and shall not under any circumstances place or permit to be placed any items in the sent package that were not in the originally-delivered package, and shall not do or permit to be done any act that may be in breach or any applicable laws or regulations.

12.
You warrant that you will comply with all local and international shipping and customs regulations and applicable laws.

13.
The refund covers the cost of the Artwork and the shipping cost to your destination only, while you are charged for the return shipping costs: the return shipping costs being deducted from your refund value. Any potential customs duties paid are not eligible for refund. Accordingly, you will be liable for any costs in returning the Artwork, except in the unlikely event that the Artwork is already damaged or defective at the time of delivery.

14.
Where you decide to return an Artwork because you don’t wish to keep it, after you notify BLISSART of your decision, BLISSART will provide you with a pre-paid airway bill number for you to return the Artwork and the cost of the return airway bill deducted from your refund value. Where the cost of the return exceeds the value to be refunded, no return of the Artwork will be permissible.

15.
In the event of a refund being payable, BLISSART shall use all reasonable endeavours to return the sums paid for the Artwork (less shipping costs) for the returned Artwork within 7 days of notification of receipt from the Artist that the Artwork has been received undamaged in the original packaging together with any certificates of authentication.

16.
Where the Artwork is faulty or not as described, shortly after you notify BLISSART of the damage or defect, BLISSART will provide you with a pre-paid airway bill number for you to return the Artwork to the Artist and the Artist shall bear the shipping costs of return.

17.
Where the packaging and its contained Artwork are damaged when delivered by the courier, you are to inform BLISSART within 4 days following delivery and have contents, original shipping cartons and packaging available for inspection by the courier and retain them until the claim is concluded. The courier reserves the right to inspect damaged Shipments on your premises as well as the right to retrieve the damaged Package for inspection at a courier facility. Receipt of the Shipment by you without written notice of damage on the delivery receipt provided by the courier is prima facie evidence that the Shipment was delivered in good condition.

PAYMENT

18.
An order will be successfully made once payment by you has been received by BLISSART.

19.
All applicable fees and taxes, relating to the payment shall be borne by you.

LIABILITY

20.
To the fullest extent permitted by law, BLISSART makes no representations or warranties to you relating to the Artwork, the Services or otherwise.

21.
BLISSART will not be liable for any loss (including but not limited to consequential loss) or claim that may occur as a consequence of late, lost or misdirected email or due to the Services (including its content) and/or the Artwork.

1. ACCEPTANCE OF TERMS

By accessing or using any of our Services, whether or not you are an account holder, you agree to be bound by these terms and conditions (the "Terms of Use") and where applicable, the additional Seller’s Terms of Use and Buyer’s Terms of Use, and our privacy policy located
here
(“Privacy Policy”) which are incorporated here in by reference (together, the “Agreement”). Your use of the Services is deemed express consent to all of the terms and conditions of this Agreement to the exclusion of all other terms.

2. MODIFICATION OF TERMS

BLISSART reserves the right, in its sole discretion, to modify the Agreement at any time without notice. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such modification constitutes your acceptance of the terms and conditions of the Agreement as modified.

3. ELIGIBILITY TO USE SERVICES

You must be 18 years or older to use our Services. If you believe that a child under 18 has used our Services and provided us any information, please contact us at help@blissart.com. Where Payments are to made or received via our Services, require users must be eighteen (18) years of age or older, and will be governed by the relevant terms. This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions. By accessing the Services, you represent and warrant to BLISSART that: (i) you are an individual (i.e., not a corporation) at least 18 years old; (ii) you are of legal age to form a binding contract or have your parent’s permission to do so; (ii) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; (iv) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services.

4. REGISTRATION

You may be required to register and select a password and username (“BLISSART User ID”) to use certain services. You may not (i) select or use as a BLISSART User ID a name of another person with the intent to impersonate that person; or (ii) use as a BLISSART User ID a name subject to any rights of a person other than you without appropriate authorization. You shall provide BLISSART with accurate, complete, and updated registration information. You shall be responsible for maintaining the confidentiality of your password. Any failure to comply with this provision may result in immediate termination of your account. BLISSART reserves the right to refuse registration of, or cancel a BLISSART User ID in its discretion. If you are accessing the Services through a third party site or service (such as “Facebook Connect”), BLISSART may require that your BLISSART User ID be the same as your user name for such third party site or service. By providing your third party account credentials to BLISSART, you are consenting to have the information in those accounts transmitted into your BLISSART account. You shall only use third party accounts owned by you and not by any other person or entity. All accounts used by you and any information provided by you during the registration process or thereafter shall not be inaccurate, fraudulent, not current, incomplete or otherwise in violation of these Terms of Use.

5. USER CONTENT

In the course of using the Services, you and other users may provide information which may be used by BLISSART and which may be visible to certain other users. By posting information, images, text, blogs, or other content on the Services (collectively, “User Content”) or otherwise providing User Content to BLISSART or in connection with the Services, you hereby grant to (i) BLISSART a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable, transferable right to fully exploit (including without limitation, reformatting, cropping, resizing, displaying, modifying, creating derivative works of, and translating) such User Content (including all related intellectual property rights) in connection with BLISSART’s (and its successors’, licensees’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (or any derivative works thereof) in any media formats and through any media channels, and to allow others to do so; and (ii) each user of the Services a non-exclusive license to access your User Content through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Content as permitted through the functionality of the Services and under this Agreement. The foregoing license grant to BLISSART does not affect your ownership of or right to grant additional non-exclusive licensees to the material in your User Content, unless otherwise agreed in writing. You, not BLISSART, remain solely responsible for all User Content that you upload, post, email, transmit, or otherwise disseminate including, or in connection with the Services, and you warrant that you possess all rights necessary to provide such content to BLISSART and to grant BLISSART the rights to use such information in connection with the Services and as otherwise provided herein and that use of by BLISSART of such content will not infringe any third-party rights or applicable laws. You acknowledge and agree that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that BLISSART will not be liable for any errors or omissions in any such content. You understand that BLISSART cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, BLISSART cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all User Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

You understand and agree that BLISSART uses commercially reasonable efforts to display the colors of original works of art accurately via the Services. However, because individual computer monitors may display colors differently, BLISSART is not responsible for the color accuracy of any works displayed on the Services, and disclaims all liability in this regard.

6. CONTENT

6.1 Copyrights

All materials displayed or performed on the on the Services, or which may be made available for your download (including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations, video and User Content (also known as the “Content”), are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Website, and you shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. The Services are protected by copyright, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws applicable in the jurisdiction from which you access the Services at any time. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. You must report any infringement of your to BLISSART immediately.

6.2 Guidelines for Posting Content

Without limiting the other terms and conditions in this Agreement, you acknowledge and agree to the following guidelines for posting and/or viewing User Content and other Content on or through the Services:

Any comment made using your identity or screen name will be deemed to have been posted by you;

You shall not post or otherwise make public any personal details or personally identifiable information about any person including name, contact details, address, image or known associates;

You shall not make false or misleading statements;

You shall not post material that infringes the intellectual property rights or other proprietary rights, or rights of publicity or privacy, of any third party;

You shall not post information that is confidential or sensitive;

You shall not post any content that objectionable or illegal (as described below), or could create a risk of harm, loss or damage of any kind;

You are solely responsible for the content that you post on or through the Services, any material or information that you transmit to other users and for any interactions with other users.

6.3 Objectionable or Illegal Content

You agree that you will not use the Services to:

Send or post content of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, harassing, threatening, harmful, vulgar, obscene, profane (unless such use is warranted within the topic area of a particular message board, as determined by BLISSART in its sole discretion), racially offensive, insulting to any religion or culture, inaccurate, or contrary to the laws, in any applicable jurisdiction, or otherwise objectionable material or that encourages conduct that could constitute a criminal offence, or infringement of any rights to privacy, give rise to civil liability or otherwise violate any applicable local, state, federal or international law or regulation. You agree not to use the Services to distribute or send any illegal content of any kind. Posting illegal content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

Use any tags or other hidden text or metadata utilizing a BLISSART trademark, logo URL or product name without BLISSART's express written consent;

6.4 Donations

Artists and/or gallery owners using the Services may endorse a political or charitable cuase, and/or pledge to donate a portion of the funds they receive from confirmed bookings made via the Services to a particular cause or charity. You hereby acknowledge and agree that we do not take any responsibility or liability for whether the artist and/or gallery owner does in fact make the donation pledged. In such cases, the artist and/or gallery owner in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.

The choice of any cause or charity by an artist and/or gallery owner does not reflect BLISSART’s policies or imply any endorsement of such cause or charity by BLISSART.

6.5 Links

If you link to the Services, BLISSART may revoke your right to so link at any time, at BLISSART’s sole discretion. BLISSART reserves the right to require prior written consent before linking to the Services.

The Services may contain links to third-party websites or resources. You acknowledge and agree that BLISSART is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by BLISSART of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources. You will be responsible for adhering to any relevant terms of use or equivalent.

6.6 Company’s Right to Monitor

BLISSART has no obligation and assumes no responsibility for monitoring the Services or User Content for inappropriate content or conduct of its users. However, BLISSART reserves the right to monitor, block or remove User Content (including disabling access to User Content that you have downloaded through the Services) for any or no reason without notice to you. If BLISSART chooses, in its sole discretion, to monitor the Services, BLISSART assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content and no responsibility for the conduct of the user submitting any such User Content.

6.7 Company’s Right to Remove Content

BLISSART reserves the right to remove any User Content from the Services at any time, for any reason or no reason in its sole discretion.

6.8 No Endorsement

You acknowledge that BLISSART does not endorse or guarantee any User Content and you may not state or imply any such endorsement or guarantee.

7. BLISSART’S INTELLECTUAL PROPERTY AND LIMITED LICENSES

The technology and the software underlying our Services is the exclusive property of BLISSART and its licensors. Subject to your compliance with this Agreement, BLISSART grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and make personal and commercial use of the Services, and any software underlying our Services solely to use the Services, as provided by BLISSART in accordance with this Agreement. This license does not include any resale or commercial use of the Services or any Content. You shall not copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Services. You agree not to use modified versions of any software underlying our Service, including without limitation, for the purpose of obtaining unauthorized access to our sites or applications. You may not use any of our Services for any illegal purpose. All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of BLISSART, its licensors, affiliates, or third-party products or services, whether or not appearing with a trademark symbol, belong exclusively to BLISSART or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials containing the trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of BLISSART, its licensors, affiliates, or any third party.

8. YOUR REPRESENTATIONS AND WARRANTIES

You warrant, represent and covenant that you will not use the Services or contribute any User Content (including, without limitation, anything in connection with your blog(s)) in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, rule, ordinance or regulation; (iii) violates any other agreement you have with, or any obligations to, any third party; (iv) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, contrary to the laws of any applicable jurisdiction or any other applicable jurisdiction, or otherwise objectionable; (v) misrepresents the source or identity of any content; (vi) involves commercial activities and/or sales without BLISSART’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vii) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code; or (viii) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of BLISSART.

9. RESTRICTIONS AND OTHER PROHIBITED ACTIVITIES

You shall not (i) conduct any fraudulent, abusive, or otherwise illegal activity; (ii) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any BLISSART user; (iii) use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; (iv) engage in any kind of illegal activity; (v) run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Services or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure; (vi) use the manual or automated software, devices, or other processes to “crawl” or “spider” any page or content of the Services; (vii) decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services; (viii) remove, obscure, or alter any notices or links (e.g., links to BLISSART’s Privacy Policy and Terms of Use) on the Services or any of the features or tools or other services; (ix) access, display, distribute or otherwise exploit any content through any technology or means.

Any violation of the above may be grounds for termination of your right to access or use the Services. BLISSART reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any use that BLISSART deems in its sole discretion to be an illegal or unauthorized use of the Services. BLISSART will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person(s) who violate the terms of this Agreement.

10. YOUR OTHER OBLIGATIONS

You are responsible for all of your activity in connection with the Services. You shall be responsible for (i) obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service; (ii) ensuring that such equipment or ancillary services are compatible with the Services; (iii) taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code. You are be responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with your activity in connection with the use of the Services.

11. DISCLAIMER OF WARRANTIES

UNLESS OTHERWISE STATED EXPRESLY IN THIS AGREEMENT THE SERVICES, CONTENT, AND PRODUCTS PURCHASED OR OTHERWISE OBTAINED THROUGH THE WEBSITE, APPLICATIONS AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, THE AVAILABILITY OR QUALITY OF ANY PRODUCTS AVAILABLE VIA THE SERVICES, OR THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. Without limiting the generality of the foregoing, BLISSART makes no representations or warranties regarding the accuracy of descriptions displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services). BLISSART displays suggested retail prices for products offered on the Services based on pricing information provided by artists, and we make no promises about the reliability or accuracy of any such information listed on the Services. Products purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from BLISSART or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. BLISSART makes no representations concerning any Content contained in or accessed through the Services, and BLISSART will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Under no circumstances will BLISSART be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services. BLISSART has no special relationship with or fiduciary duty to you. You acknowledge that BLISSART has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services (including, without limitation, viruses, malware, harmful code and user generated content); what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

12. PRIVACY

For information regarding BLISSART’s treatment of personal information, please review our current Privacy Policy at
INSERT HTML
, which is hereby incorporated into this Agreement by reference; any use of our Services constitutes your acceptance and agreement to be bound by our Privacy Policy.

13. EXPORT CONTROL AND RESTRICTED COUNTRIES

You may not use, export, re-export, import, or transfer the Services except as authorized by United States law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported: (a) into any United States or United Nations embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List. By using the Services, you represent and warrant that (i) neither you nor your listed Accommodation is located in a country that is subject to a U.S. or United Nations embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. We do not permit Listings associated with certain countries due to U.S. embargo restrictions.

14. ELECTRONIC COMMUNICATIONS

When you use our Services, or send emails to us, you are communicating with us electronically. You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on our Services, "push" mobile notification, and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement.

15. INDEMNITY

You agree to indemnify and hold BLISSART, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due to or arising out of your access to the Services, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

16. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL BLISSART OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU OR TO YOU; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) THE USE OR INABILITY TO USE THE SERVICES; (V) UNATUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA BY ANY PARTY; (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (VII) YOUR USER CONTENT OR (IV) ANY MATTER RELATING TO THE SERVICES.

17. PAYMENT AND TAXES

BLISSART reserves the right to require payment of fees for certain services on the Services. You shall pay all applicable fees, as described on the Services in connection with such services selected by you. BLISSART reserves the right to change its price list and to institute new charges at any time, without notice. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges. To the fullest extent allowed by applicable law, all fees paid hereunder are non-refundable unless otherwise permitted by this Agreement.

All fees are stated in US$ and all payments to and from BLISSART will be made in US$. BLISSART may, in its sole discretion, round up or round down amounts that are payable from or to artists and/or gallery owners to the nearest whole functional base unit to the nearest US dollar; for example, BLISSART will round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00. BLISSART assumes no responsibility or liability for any currency fluctuation or inaccuracy of currency rates.

All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Services, are stated in U.S. dollars and do not include any sales, use, value added ("VAT"), goods and services ("GST") or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder.

Seller must fill out appropriate Tax forms prior to any commissions being paid. For an Artist living within the United States, a W9 Tax Form must be filled out.

For an Artist living outside the United States, a W8BEN Tax Form must be filled out.

18. INTERACTION WITH THIRD PARTIES

The Services may contain links to third party websites that are not owned or controlled by BLISSART, or that may be accessible by logging in through a third party website, as described more fully in our Privacy Policy. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any third party website relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. BLISSART has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, BLISSART will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold harmless BLISSART and its affiliates from any and all liability arising from your use of any third party website.

Your interactions with organizations and/or individuals found on or through the Services (including without limitation any artists), including payment and delivery of goods, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction or personal interaction with any of these third parties. You agree that BLISSART shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that BLISSART is under no obligation to become involved.

19. RELEASE OF CLAIMS

You hereby release BLISSART, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of (i) having acquired or not acquired any Content through the Services.

20. MODIFICATION AND TERMINATION OF SERVICES

BLISSART reserves the right to modify, discontinue, terminate or suspend the Services without prior notice. This Agreement shall remain in full force and effect while you use any part of the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Services. BLISSART may terminate or suspend your access to the Services (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to access and use the Services and any Content will immediately cease.

If BLISSART believes that, in your use of the Services, you may have: (i) created a fake account; (ii) engaged in disruptive, harassing, circumventive or abusive behavior; or (iii) otherwise breached these Terms of Use, BLISSART shall be entitled to suspend access to any funds that may be owed to you by BLISSART or any third party via the Services pending the outcome of applicable investigation procedures.

21. WAIVER AND SEVERABILITY

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. BLISSART shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond BLISSART’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

22. ENTIRE AGREEMENT

You and BLISSART agree that this Agreement (including any terms or policies expressly incorporated herein) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

23. NO AGENCY; NO ASSIGNMENT

This Agreement is not assignable, transferable or sublicensable by you except with BLISSART’s prior written consent. BLISSART may transfer, assign or delegate this Agreement and its rights and obligations without consent. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind BLISSART in any respect whatsoever.

24. SURVIVAL

All provisions of this Agreement that by their nature are intended to survive performance hereof by you or BLISSART, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement.

25. GOVERNING LAW AND DISPUTES

These terms and any dispute or claim arising out of or in connection with them or their subject-matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. You irrevocably agree to submit to the exclusive jurisdiction of the courts of the Dubai International Financial Centre in relation to all matters arising out of or in connection with these terms, or their subject matter or formation (including non-contractual disputes or claims).

26. COPYRIGHT DISPUTE POLICY

26.1 BLISSART’s General Policy

BLISSART has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of BLISSART’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is BLISSART’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; (2) notify the content provider, member or user that it has removed or disabled access to the material; and (3) remove and discontinue access by and service to repeat offenders.

26.2 Procedure for Reporting Copyright Infringements

If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

Identification of works or materials being infringed;

Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that BLISSART is capable of finding and verifying its existence;

Contact information about the notifier including address, telephone number and, if available, email address;

A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and

A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

26.3 Procedure to Supply a Counter-Notice to the Designated Agent

If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

A physical or electronic signature of the content provider, member or user;

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and

Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which BLISSART is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, BLISSART may send a copy of the counter-notice to the original complaining party informing that person that BLISSART may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at BLISSART’s discretion.

26.4 Designated Agent to Receive Notification of Claimed Infringement

Please contact BLISSART’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

ATTN: Copyright Agent

DTEC Dubai Silicon Oasis HQ Building

PO Box 342031 (Emirates Road)

Dubai, United Arab Emirates

Landline: +971 (0)43672631

copyrightagent@blissart.com

27. QUESTIONS

If you have any questions or notices of violation of this Agreement, please contact the editor of the website or service in question, or send an email to help@blissart.com

See also Terms
·
Privacy Policy

Last update on 1st of June 2016

Privacy Policy

INTRODUCTION

BLISSART FZE, its subsidiaries and affiliates (“BLISSART,” “we,” “us,” “our”) takes your privacy seriously and has developed this Privacy Policy (“Privacy Policy”) to explain what we collect from our users (“users” or “you”) and how we use and share this information. This Privacy Policy applies to your use our websites, mobile websites, mobile applications and any related services which you can find out about more in our Terms of Service at www.blissart.com (“Service(s)”). We may change this Privacy Policy from time to time and will notify you by revising the date at the top of the Privacy Policy. Please review this Privacy Policy whenever you access the Services to stay informed of our information practices.

WHAT INFORMATION DOES BLISSART COLLECT?

This Privacy Policy covers our treatment of “personally identifiable” information (meaning it can be used to specifically identify you as a unique person) or “non-personally identifiable” information (meaning it cannot be used to specifically identify you) that we may collect in your use of our Services. We use both types of information, and combinations of both types, as described in this Privacy Policy. This Privacy Policy does not apply to the practices of any other company or individual that we do not own or control.

WHEN YOU REGISTER ON THE SERVICES

We receive and store any information you provide to us when registering on the Services such as your name, username, password, country of location, zip code, postal mail address and email address. Some of our services may collect your photo, “about” information you provide, links to your social media accounts and certain other profile information.

WHEN YOU VISIT OUR WEBSITES OR USE OUR SERVICES

Even if you do not register with us, whenever you interact with the Services, we may collect the following: IP address, language setting, operating system type, the page you requested, an Identifier for Advertising if you are using an iOS device or an Android ID if you are using an Android device, user agent, and time stamp. We collect information about your search and click activity on the Services (for example, when you “favorite” artwork featured on the Services or “follow” an Artist or Gallery Owner or another user), or your user-generated content or activity related to your use of the Services (for example, photos that you take or upload or comments that you provide).

WHEN YOU PROVIDE THIRD PARTY ACCOUNT INFORMATION

If you provide or connect your third-party account credentials to an account with the Services, some content and/or information in those accounts may be transmitted into your account with us. For example, when you connect with Facebook, we receive and collect your name, email address and profile photo.

WHEN YOU ENTER A SWEEPSTAKE, CONTEST OR GIVEAWAY

We collect information you provide to us when you enter a sweepstake, contest or giveaway. We may collect and share such information you provide with an advertiser who sponsors such event or a service provider may collect your information in connection with such promotional event on our behalf.

WHEN PROVIDED BY OTHER USERS

In some cases, your email address and other information may be provided to us by other users of the Services.

HOW DOES BLISSART USE YOUR INFORMATION?

BLISSART RESPECTS THE PRIVACY OF EACH MEMBER OF ITS COMMUNITY, AND WILL NOT SELL YOUR DATA TO THIRD PARTIES.

We may use the information we collect for the various purposes described below:

personalize and improve our Services;

customize the Services and provide advertisements, content or features in relation to our services that match your interests;

allow our users to set up a user account and profile;

communicate with you about or fulfill your requests for certain products, services, offers, promotions and events offered by BLISSART;

send you notices, updates, and other administrative messages;

process transactions and send you related information;

operate sweepstakes, contests or giveaways;

link or combine with information we get from others to help provide you with better service;

HOW DOES BLISSART SHARE YOUR INFORMATION?

Third Party Websites

This parties may sell items or provide services to you through our Services (either alone or jointly with us) and we will only share your information with that business to the extent reasonably necessary to perform our services and market our business.

Agents

We employ other third party vendors, consultants and other service providers who need access to your information to perform work on our behalf.

Business Transfers

We may share your information in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where personal information may be disclosed or transferred as one of our business assets.

Enforcement of Terms and Policies

We may share your information to enforce or apply our Privacy Policy, Terms of Use or our other policies or agreements.

Protection of BLISSART and Others

We may access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; or protect the rights, property, or safety of BLISSART, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

User Profiles and Submissions

Certain user profile information such as a user’s name or any video or image content that you have uploaded to the Services may be displayed to other users to facilitate user interaction within the Services or address request for services.

With Your Consent

We may share your information in other circumstances with your consent, for example when you have chosen to link an account with Services with a social media network like Facebook.

HOW MAY BLISSART COMMUNICATE WITH ME?

We may contact or communicate with you by email, postal mail, notices on our websites, newsletters or other means available through the Services, including mobile text message and push notifications. Such communications may contain messages of a commercial or non-commercial nature, including but not limited to, providing you the relevant service or response to your inquiry that you requested, marketing and promotions of the Services or the services of our partners and advertisers, administrative purposes, or to carry out other purposes described in this Privacy Policy.

HOW DOES BLISSART USE COOKIES AND WEB BEACONS?

“Cookies” are small data file identifiers that are transferred to your computer or mobile web browser that allow us to recognize your browser or mobile device and transfer information about you and your use of the Services. For example, cookies that we use tell us how many times you have visited the Services, your search preferences, and if you have clicked on an advertisement that has been displayed to you. We use “persistent” cookies to save your login information for future logins to the Services. We also use “session ID” cookies to enable certain features of the Services, to better understand how you interact with the Services and to monitor aggregate usage by users and web traffic routing on the Services. Unlike persistent cookies, session ID cookies are deleted from your computer when you log off from the Services and close your browser.

We, and third parties with whom we partner, may also deliver a file known as a web beacon, pixel or pixel tag (“Web Beacons”) to you through the Services from an ad network. Web Beacons are small, invisible graphic images that may be used on the Services interface or in emails relating to the Services to collect certain information and monitor user activity on the Services interface, such as to count visits, understand usage effectiveness and to determine if an email has been opened and acted upon. Web Beacons allow ad networks and service providers that we use to provide anonymized, aggregated auditing, research and reporting for us, for advertisers and our other partners. Web Beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and Web Beacons from the ad network’s servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site. We shall not be liable for the policy of any such third party, or the adherence of such third party to their published policy or any applicable laws or regulations.

HOW DOES BLISSSART USE SOCIAL PLUGINS?

We may use social plugins on the Services, for instance plugins of the social networks such as Facebook, Twitter, Google+, Pinterest and Tumblr, and may feature icons, like the “thumbs up” icon or text like "Recommend“, "Like“ or "Comment“. These cookies are activated once you start navigating the Services. Your browser may create a connection to the servers of such social networks and/or transmit data to such servers when you view a page on our website. If you use the plugin functionality (e.g. click the “Like” button or make a comment), this information is also transmitted directly to the social network by your browser and may be stored there. This Privacy Policy does not cover the practices of these third party social networks.

HOW DOES BLISSART USE THIRD-PARTY ONLINE ADVERTISING OR ANALYTICS?

Some of the location tracking services, advertisements for the Services, emails we deliver to you, and other facialites and communications may be delivered by third parties who collect information about your online activities with the emails we send and/or on the Services through the use of Cookies, Web Beacons, and other technologies. The third parties collecting this information may include, but are not limited to, Google, and Yahoo. The use of cookies, web beacons, and other technologies by these third parties is subject to the privacy policies of those third parties.

Some of these companies are members of the Network Advertising Initiative (“NAI”) and/or the Digital Advertising Alliance (“DAA”), each of which offers a single location to opt out of receiving tailored ads from its member companies. To opt out of information collection by NAI member companies, or to obtain information about the technologies they use or their own privacy policies, please visit the NAI consumer opt out page located here. To opt out of information collection by DAA member companies, or to obtain information about the technologies they use or their own privacy policies, please visit the DAA consumer choices page located here.

In addition, BLISSART works with third parties to provide analytics information regarding your usage of the Services or to help us track the advertisements that are delivered to you to determine the effectiveness of advertising on the Services.

WHAT CHOICES DO I HAVE?

Change Your Account Settings.

You may add or update information, or change your account privacy settings which limits the other users who can see the information in your user profile and/or what information in your user profile is visible to others. The information you can view, update, or delete may change as the Services change.

Cookies.

You can usually instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from our websites that you visit. If you do not accept cookies, you may not be able to use all portions of the Services or all functionality of the Services

Email.

If you do not want to receive email or other mail from us, please indicate your preference by changing your account settings, contacting us at

help@blissart.com
, or by clicking the “unsubscribe” link in an email we send to you.

Deactivating Your Account.

You can always choose not to disclose information to us or delete information, but keep in mind some information may be needed to register with us or to take advantage of some of our special features. You may request deactivation of your account by contacting us at
help@blissart.com

De-Linking Account.

You may de-link your BLISSART account from an account on another service such as a social media account in your account setting. However, in order to de-link it completely, you may also have to adjust your account settings with the third party application. For example, if you want to de-link your Facebook account with BLISSART, you must de-link your accounts in both your BLISSART account settings and in your Facebook application settings.

SECURITY

We use commercially reasonable safeguards to preserve the integrity and security of information collected and maintained through the Services. However, we cannot ensure or warrant the security of any information you provide to us or guarantee that information on the Services may not be accessed, disclosed, altered, or destroyed by unauthorized persons or hardware or software failure.

DO NOT TRACK

We currently do not participate in any "Do Not Track" frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your information. We may engage third parties, such as marketing or analytics partners, who may collect information about your online activities over time and across different websites when you use our website.

SERVICES NOT DIRECTED TO CHILDREN

The Services are not directed to children under 18. We do not knowingly collect or solicit personally identifiable information from anyone under the age of 18. If you are under 18, please do not attempt to register for the Services or send any information about yourself to us. If a parent or guardian becomes aware of his or her child has provided us with personal information without their consent, please contact us at

INTERNATIONAL TRANSFER

Your information may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. By submitting such information, you consent to that transfer.

HOW TO CONTACT BLISSART

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to
help@blissart.com